Rental Terms and Conditions
APARTMENT HIRE AGREEMENT
DEEP BLUE APARTMENTS LTD
THESE TERMS AND CONDITIONS APPLY TO THE CONTRACT BETWEEN DEEP BLUE APARTMENTS LIMITED, WHO HAS ITS REGISTERED OFFICE AT 42 COPPERFIELD STREET, LONDON SE1 0DY (“WE” or “US”) AND YOU FOR THE HIRE OF SERVICED APARTMENT ACCOMMODATION.
IT IS AGREED AS FOLLOWS:
1. THE ACCOMMODATION
1.1 We shall provide and you shall hire the Apartment for the Hire Period, at the Agreed Price and upon the terms of this Agreement.
1.2 We shall additionally provide:
(a) routine maintenance services as are required to keep the Apartment in good and working condition;
(b) cleaning and fresh bed linen, as specified in the Booking; and
(c) Furniture and Appliances.
1.3 We give you the right (in common with us and all others authorised by us) to use the Apartment for the Hire Period. This right shall expire at the end of the Hire Period (subject to any earlier termination in accordance with this Agreement) or at the expiry of any period of extension of the Hire Period.
1.4 You acknowledge that this Agreement does not give rise to an assured shorthold tenancy or lease and is an excluded agreement within the meaning of s.3A(7)(a) of the Protection from Eviction Act 1977.
1.5 For Bookings relating to apartments that we do not own or operate, we act as an introductory agent only for our principal. In this case you acknowledge that your agreement to hire accommodation is with our principal and we act as the principal’s agent only. You agree to indemnify us and keep us indemnified on demand for all claims, liabilities, losses, costs and expenses (including legal fees) incurred or suffered in connection with any contract or prospective contract between you and the principal which shall be made available to you on request.
3.1 Any Booking cancellations must be notified to us in writing.
3.2 Where you give notice of cancellation at least 14 days’ prior to the commencement of the Hire Period, no cancellation charge shall apply.
3.3 Where you give less than 14 days’ notice of cancellation, we may charge a cancellation fee equivalent to the Agreed Price or two weeks’ rental, whichever is the lower.
3.4 The Apartment’s weekly rental shall be determined by reference to the Agreed Price and the Booking.
3.5 Where you fail to arrive and check-in to the Apartment as agreed we charge the cancellation fee referred to in this clause 3.
3.6 Where we act as agent for a preferred supplier their terms and conditions may differ from our own. The specific cancellation policy should be requested at the time of booking and will be stated on the confirmation.
3.7 Credit card surcharges are non refundable.
4. ARRIVAL AND DEPARTURE
5. YOUR OBLIGATIONS
5.1 You shall throughout the Hire Period:
5.1.4 not repair or attempt to repair or carry out work to the Apartment or allow any third party to do so unless instructed so to do by us in writing;
5.1.5 notify us immediately upon causing or becoming aware of any damage to the Apartment or its contents;
5.1.6 not allow any pets or animals to enter the Apartment;
6. SECURITY DEPOSIT
6.1 Please ensure that you inspect the Apartment immediately upon check-in and arrival. Unless we receive notification otherwise within two working days of check-in and arrival, we will be entitled to assume that you have fully accepted that the condition of the Apartment is as per the Inventory and Condition Report (or, if there is no Inventory and Condition Report, is in good repair, condition and in a clean and tidy state) and you will waive any right to claim otherwise.
6.2 Risk of damage to the Apartment and Furniture and Appliances will pass to you on check-in and arrival and shall remain with you until the Hire Period has expired or the Apartment is returned to us in accordance with the terms of this Agreement. You shall make good to us all loss or damage whatsoever of or to the Apartment occurring during or arising from the Hire Period and all reasonable loss of rental resulting from such loss or damage. However you shall not be liable for loss or damage caused by fair wear and tear only.
6.3 A security deposit to cover your obligations under this clause 6 may be taken at or prior to arrival and check-in to the Apartment. This may be in the form of a payment or an authorisation to deduct payment from your debit or credit card used to make the Booking. Any security deposit paid will be returned to you in full (or any payment authorisation cancelled) upon the Apartment being returned to us in accordance with the terms of this Agreement. Where you are liable for loss or damage under clause 6.2 above we may withhold some or all of your deposit to cover our loss and damage and our administration fees associated with repairing the Apartment (refer to Additional Charges for details of such administration fees).
7.1 Additional Charges which may be payable include those items specified in the Booking.
7.2 In the case of Additional Charges becoming payable, you hereby authorise us to take all additional payments from the credit or debit card used to make the Booking. If no credit or debit card was used in the Booking you must pay Additional Charges by another acceptable means.
8.2 In the case of an extension under clause 8.1, you authorise us to take all additional payments from the credit or debit card used to make the Booking. If no credit or debit card was used in the Booking you must pay by another acceptable means.
9. INSURANCE AND LIABILITY
9.2 You shall be solely responsible for and hold us fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses suffered or incurred by us as a result of any breach or default on the part of you, your employees or agents in the discharge of your obligations under this Agreement.
9.3 You have selected the Apartment as being fit and suitable for your needs. We make no warranty or representation as to the suitability or fitness for purpose of the Apartment and exclude all liability in this regard. You further acknowledge that, although content on the Website, including any photographs, drawings or plans of the Apartment, is published in good faith, we do not warrant that any of the content accurately or completely describes the Apartment. Actual Apartment size, design, fixtures, furnishings and facilities may vary.
9.4 We do not exclude liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
11.1 We may terminate this Agreement immediately by giving written notice to you if:
11.1.1 you commit any material or persistent breach of this Agreement and, if the breach is capable of remedy, fail to remedy it within 24 hours after being notified of the breach provided that, if such breach is a repeated breach then no time to remedy need be given; or
11.1.2 you shall do or allow to be done any act or omission which in our opinion may jeopardise our rights in the Apartment or any part thereof, or if you abandon the Apartment; or
11.1.3 any sum payable by you under this Agreement is not received by us on the due date for such payment and such non-payment is not remedied within 2 working days of you being given written notice by us to that effect.
11.2 Upon expiry or termination of this Agreement for any reason whatsoever you shall:
11.2.1 pay to us any Agreed Price in arrears and all other moneys due under this Agreement;
11.2.2 return the Apartment to us in good repair, condition and in a clean and tidy state; and
11.2.3 indemnify us against all reasonable costs incurred by us as a result of any failure to comply with such return conditions (as provided in Clause 5).
11.3 Any of our rights arising prior to the termination of this Agreement (howsoever arising) shall remain in force notwithstanding such termination.
11.4 We reserve the right to recover the Apartment from you if you default in surrendering the Apartment back to us. You shall indemnify us and keep us indemnified against any and all costs, losses and expenses (including legal expenses) incurred in retaking possession of the Apartment.
12.1 Force Majeure
12.3 Entire Agreement
12.5 Rights of Third Parties
12.7 The parties agree that any disputes arising under or in any way connected with the subject matter of this Agreement (whether of a contractual or tortuous nature or otherwise) shall be subject to English law and to the exclusive jurisdiction of the English courts.
“Agreement” means this agreement;
“Additional Charges” include, but are not restricted to, the additional charges in clause 8 which you are liable to pay for facilities and additional items;
“Agreed Price” means the price at which you agree to hire the Apartment, as identified in the Booking or in any subsequent agreement;
“Apartment” means the apartment identified in the Booking or an apartment of similar type and standard in a similar location;
“Arrival Date” means the first day of the Hire Period, as identified in the Booking or in any subsequent agreement;
“Booking” means an offer from you to us to hire the Apartment on the terms of this Agreement following your provision of sufficient information to enable us to complete our telephone or Website provisional booking process;
“Furniture and Appliances” means such furniture and appliances usually found within the Apartment and any other items which we agree to provide;
“Hire Period” means the period commencing on the Arrival Date and expiring on delivery of the Apartment back to us;
“Inventory and Condition Report” means our report on the condition of the Apartment and its contents;
“VAT” means Value Added Tax at the rate in force for the time being;
“Website” means www.deepblue-apartments.com.